herring, as a recompense for assisting him, (deponent,) at his request, in picking herrings from deponent's nets, and in dressing and salting his fish. A true copy: JOHN MORROW. No. 5. Case of the schooner Java, of Islesborough, State of Maine. This case has not been reported at the consulate, but a claim has been made for the passage of four seamen to the United States. A true copy No. 6. JOHN MORROW. PROVINCE OF NOVA SCOTIA, Halifax, 88. Personally, on this 13th day of June, A. D. 1839, before me, John Morrow, consul of the United States of America for the port of Halifax, in the Province of Nova Scotia, and for all other ports and places that may be nearer to Halifax than the residence of any other consul, came and appeared James Morton, master of the schooner "Eliza, of Portland," which is of the burden of fifty-eight tons or thereabouts, together with the several parties whose names are hereunto subscribed, being the crew of the said schooner, who, being by me duly examined and sworn on the Holy Evangelists of Almighty God, did testify and declare to be true the several matters hereinafter set forth: That, on or about the twenty-sixth day of April last, these appearers sailed in and with the said schooner from Portland, on an intended fishing voyage on the coast of Nova Scotia and the Bay of St. Lawrence, having on board materials and stores fit and proper for a fishing voyage, and which voyage was expected to last about four months. That the said schooner carried no articles whatever suitable for a trading voyage or for sale; nor had any one of these appearers any goods, wares, or merchandise wherewith to carry on any trade or traffic, but solely intended and fitted out for the fishery, with nets, hooks and lines, salt, &c. That from the day on which they sailed, they never caught or cured any fish whatever, within ten or twelve miles of any part of the coast; and never made any harbor, except when unavoidably compelled to do so, viz: on or about the 5th of May, it blowing a heavy gale from the east, they were compelled to make a harbor in the Ragged Islands, where they remained two or three days, during all which period the weather continued so bad as to prevent their going to sea. On the 24th of May, or thereabouts, the schooner having carried away one of her larboard main-chains, in consequence of a heavy swell while at anchor in sixty fathoms off Spry harbor, they were compelled to run into Beavet harbor as the nearest port, and got it repaired by a man whose name they were informed was Winsell. That on the 8th of June now instant, the said schooner put again into Beaver harbor to get wood and water, (their supply being much reduced, and being inadequate for the said voyage,) and on the 9th (being Sunday) the said schooner was seized by the provincial schooner Victory, Darby master, and brought to Halifax; the master and the cook being the only persons allowed to stay in her. And these appearers solemnly declare that they neither sold, bartered, nor parted with any article whatever out of the said schooner, or caught or procured or prepared, or intended to catch or procure any fish whatever, except at a distance of ten to twelve miles from the coast of Nova Scotia; or purchased or endeavored to purchase any fish of any of the inhabitants or others on the British coasts, and that the whole sum of money in possession or control of this appearer, the master, did not exceed four to five dollars, or thereabouts, with which to buy wood and water in case of need. JAMES MORTON, BENJAMIN MORTON, his LEWIS HAZEL, mark. ROBERT MORTON, JAMES W. GRAY, Sworn to at Halifax, this 13th day of June, A. D. 1839, before me, [L. S.] A true copy: FREDERICK LE BLANC, Notary Public. JOHN MORROW. PROVINCIAL SECRETARY'S OFFICE, SIR: Your letter of the 15th instant, and the several papers which accompanied it, relative to the seizure of certain American fishing vessels, having been referred, by the direction of the Lieutenant Governor, to her Majesty's attorney general, I have it in command from his excellency to transmit to you the enclosed copy of that officer's report, and to state that, under the circumstances therein mentioned, his excellency does not consider it proper to interfere in any of the cases which you have felt it your duty to bring under his excellency's notice. I have the satisfaction to acquaint you, with reference to your communication of the 18th instant, that, before it was received, the attorney general had sent instructions to Mr. Marshall, the seizing officer at Guysborough, for the release of the schooner Charles. I have the honor to be, sir, your most obedient servant, JOHN MORROW, Esq. A true copy: JOHN MORROW. [No. 78.] United States Consul at Halifax to Mr. Forsyth. CONSULATE OF THE UNITED STATES OF AMERICA. SIR: Since I had the honor to address you, under date the 27th June, (No. 77,) several proceedings have been had with respect to the vessels therein named; some have been released on payment of expenses, and others have been condemned. I beg leave, most respectfully, to recapitulate the fate of each vessel : The schooner Eliza, of Portland, has been released on payment of expenses, amounting in all, to £84 17s. 10d., (this currency,) or $339 56; this, however, contains my commission on cash advanced to release her, and incidental charges connected with a bottomry. Schooner Shetland, of Boston, released in a like manner; her expenses about $600; but the money was paid by a house of business here, and I do not know the exact amount. Schooner Charles discharged without any expense. Schooner Mayflower, of Boothbay, released; her expenses amounted to £75 68. 4d., which I paid. Incidental charges included in this sum. The Eliza, Charles, and Mayflower have evidently been brought under the operation of a law which I cannot but feel is exceedingly severe-perhaps I should say unjust. It was thought advisable, however, to pay the sums at which they were assessed, rather than have the vessels detained, and, perhaps, subjected to further difficulty. The Shetland stood in a different position, and escaped condemnation by the merest accident. The Battelle and Hyder Ally have been condemned and sold. I bought the former for the owner, who has come on to this place and claimed her. I charged him five per cent. commission, which he paid. He took a sea-letter for Boston from this office, the schooner's papers being filed in the registry of the court of vice-admirality. The Magnolia, Indep endence, Java and Hart were condemned in the court of vice-admirality on the 5th instant; and an order has gone to Yarmouth for the sale to take place immediately. The owner of the two former is here, and he will proceed to Yarmouth to purchase them. I have a power of attorney from the owner of the Hart to purchase for him; and I have given directions that the Java may also be bought on account of the owners, if it be possible, by so doing, to save these poor men from ruin. The Hyder Ally remains in my possession, and will, I think, be claimed in a few days, as the owner has written respecting her. A new case has arisen: The schooner Amazon was seized by the collector of light duties, at the Gut of Canso, and the master transmitted an affidavit to me relating the circumstances of the seizure. I immediately applied to the advocate general, who, after a few days, handed me an order for her release, addressed to the seizing officer, but left open, so that I might send it to the person having the vessel in custody, it being reported that the collector of light duties had absconded. The master of this vessel will have to pay the expenses attendant on his detention and custody, for which I have become answerable; and how I am to be reimbursed I do not know. I have the honor to be, sir, your obedient, humble servant, Hon. JOHN FORSYTH, Secretary of State, Washington. JOHN MORROW. [Extracts.] United States Consul at Pictou to Mr. Forsyth. "CONSULATE OF THE UNITED STATES, "SIR: I have to acknowledge the receipt of your letters of the 1st January and 2d February; the latter granting me leave of absence until the 1st of April. But as the season is now so far advanced, I have determined to postpone my intended journey for the present. You have, no doubt, been informel by the consul at Halifax of the seizure of several fishing vessels of the United States on the coasts of this Province during the past year, for alleged infringement of the convention of 1818; one of which vessels at least, if not more than one, has recently been condemned in the court of vice-admiralty at Halifax. "Numerous complaints have been made by the inhabitants of the Province, alleging that the fishermen of the United States frequently violate the terms of that treaty, by following the fish too close to the coasts of Nova Scotia and Prince Edward's Island, and using the harbors thereof for other purposes than are enumerated in the convention. "The British government has decided to send out two armed vessels in the spring, to be stationed during the fishing season on these coasts, for the purpose of preventing any infringements of the treaty; and although I am well aware that much of the outcry which has been made on this subject has had its origin in the disappointed feelings of Nova Scotia fishermen, on seeing themselves so far outstripped in the successful pursuits of so valuable a branch of commerce, by superior perseverance and skill of their enterprising neighbors, yet I know that, within my consular district, a tempting shoal of fish is sometimes, either from ignorance or the excitement of the moment, followed across the prescribed limits; and I suppose that during the ensuing season the greatest vigilance will be displayed in looking after offenders. "I have thought it my duty to communicate these facts to you, in case it should be deemed requisite, in order to prevent fishermen from becoming unconsciously liable to confiscation; that some instructions should be issued to collectors of customs likely to grant licenses to fishermen, directing them to request the fishermen to make themselves well acquainted with the terms of the treaty, as they may expect a strict enforcement of its provisions during the ensuing season, or to enable you to provide such other remedy as the case seems to demand. "The Hon. JOHN FORSYTH, "Secretary of State, Washington." [No. 13.] United States Consul at Pictou to Mr. Forsyth. CONSULATE OF THE UNITED STATES, SIR: I beg leave to enclose to you copies of several affidavits relative to difficulties which have been experienced by American citizens during the past season in their intercourse with this Province, and in the prosecution of the fisheries on its coasts; together with copies of the correspondence which I have entered into with the provincial authorities on the subject. Being in daily expectation of a definite reply to my communications to the provincial Secretary, I delayed writing to you, in the hope of being able to lay the whole matter before you at once; but, at the suggestion of Commander Paine, with whom I have recently had an interview, I transmit these documents now, and will forward copies of other communications. on the subject as they occur. The tax of six and two-third cents per ton register of shipping, collected by the Province of Nova Scotia at the Strait of Canso, is levied on British as well as foreign ships; but it becomes a heavy charge on American vessels making four or five trips a year to this port, in the coal trade; and as there is no impost on shipping in American ports for the support of lights on the coast of the United States, such a tax on American vessels in the ports of the British colonies involves a discrepance in the terms of intercourse between the two countries, although it professes to be based on strict reciprocity. In reference to the affidavits and correspondence, (herewith marked No. 2,) I beg to state that I strictly cautioned Captain Taylor, as well as his crew, to give a fair dispassionate account of the circumstances connected with the detention of the Amazon. The report of the attorney general of Nova Scotia upon this case, to which the letter of the provincial Secretary refers, will, I presume, when received, furnish the defence which may be set up for the conduct of the provincial officer, or point to some means of redress. I have the honor to be, sir, your most obedient and humble servant, JAMES PRIMROSE. The Hon. JOHN FORSYTH, Secretary of State, Washington. [Received with Consul Primrose's No. 13.] No. 1. CONSULATE OF THE UNITED States, Pictou, Nova Scotia, July 15, 1839. SIR: I most respectfully beg leave to bring under the notice of the gov ernment the existing practice of collecting light-dues at the Strait of Canso. American vessels bound to Pictou have this season been frequently fired at and brought to at that place, by an armed boat, and boarded by an officer, armed with a cutlass and a brace of pistols, who has enforced payment of light-dues. As but few of these vessels were provided with funds, the masters have been subjected to great inconvenience by being compelled, in |